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PETER NYOKANGI MORARO V. GEOFFREY MAGORO OSORO & HENRY NYABUTO MORARO

(2020) JELR 93832 (CA)

Court of Appeal  •  Civil Appeal (Application) 77 of 2020  •  4 Dec 2020  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

RULING

1. In his application dated 29th June 2020, the applicant/appellant has moved the Court under Rule 4 of the Court of Appeal Rules seeking an order that he, “be granted leave and time be extended within which to file and serve records of appeal out of time ”. In his appeal, already filed (the present appeal), the applicant is challenging a ruling of the High Court at Kisii (R.E. Ougo, J.) given on 3rd October 2019 confirming a grant of letters of administration in respect of the estate of Mararo Songoro, deceased in which the court distributed the deceased’s immoveable property between the parties to this appeal as beneficiaries of the estate.

2. He has deposed in his affidavit in support of the application that following the delivery of the ruling on 3rd October 2019, he duly filed a notice of appeal on 17th October 2019 which was within the time provided for in the Rules; that he applied for certified proceedings and judgment on the same date which he did not receive until the 6…

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